VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00681
Package ID: USCOURTS-cofc-1_18-vv-00681
Petitioner: David Christian Kunz
Filed: 2018-05-14
Decided: 2021-09-29
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 116105

AI-assisted case summary:
David Christian Kunz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 7, 2015. The respondent conceded that Mr. Kunz was entitled to compensation, agreeing that he had no prior shoulder issues, that pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Mr. Kunz suffered residual effects for more than six months and met all legal prerequisites for compensation. Consequently, a ruling on entitlement was issued, finding Mr. Kunz entitled to compensation. Subsequently, the parties reached a stipulation for damages. The court awarded Mr. Kunz a total of $116,105.73, which included $110,000.00 for pain and suffering, $3,245.72 for lost wages, and $2,860.01 for unreimbursed medical expenses. This award was made as a lump sum payment. Mr. Kunz is a competent adult, and no guardianship was required.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00681-0
Date issued/filed: 2019-11-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/07/2019) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00681-UNJ Document 36 Filed 11/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0681V
Filed: October 7, 2019
UNPUBLISHED
DAVID CHRISTIAN KUNZ,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On May 14, 2018, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that he suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) immunization he received on
October 7, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling will be available to anyone with access to the internet. In accordance with Vaccine
Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the
disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required to post it on the United States Court of Federal Claims' website in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management
and Promotion of Electronic Government Services).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:18-vv-00681-UNJ Document 36 Filed 11/14/19 Page 2 of 2
On October 4, 2019, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent agrees that petitioner had no history of pain,
inflammation, or dysfunction of his left shoulder; medical records document that pain
occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited
to the shoulder in which the vaccine was administered; and no other condition or
abnormality has been identified to explain petitioner’s shoulder pain. Id. at 5.
Respondent further agrees that petitioner suffered the residual effects of his condition
for more than six months and has satisfied all legal prerequisites for compensation
under the Vaccine Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00681-1
Date issued/filed: 2021-09-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/27/2021) regarding 70 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00681-UNJ Document 75 Filed 09/29/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0681V
UNPUBLISHED
DAVID CHRISTIAN KUNZ, Chief Special Master Corcoran
Petitioner, Filed: August 27, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On May 14, 2018, David Christian Kunz filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered a left shoulder injury related to vaccine
administration (“SIRVA”). Petition at ¶¶ 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 7, 2019, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 27, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $116,105.73. Proffer at
1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:18-vv-00681-UNJ Document 75 Filed 09/29/21 Page 2 of 4
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $116,105.73 (comprised of damages for pain and suffering in the
amount of $110,000.00, damages for lost wages in the amount of $3,245.72, and
damages for unreimbursed out-of-pocket medical expenses in the amount of
$2,860.01) in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under Section 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:18-vv-00681-UNJ Document 75 Filed 09/29/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID CHRISTIAN KUNZ,
Petitioner, No. 18-681V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 4, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 31. Thereafter, on October 7, 2019,
Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was
entitled to vaccine compensation for his shoulder injury related to vaccine administration
(“SIRVA”). ECF No. 33.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
$116,105.73, which is comprised of damages for pain and suffering in the amount of
$110,000.00, damages for lost wages in the amount of $3,245.72, and damages for unreimbursed
out-of-pocket medical expenses in the amount of $2,860.01. This amount represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:18-vv-00681-UNJ Document 75 Filed 09/29/21 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $116,105.73, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: August 27, 2021
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